AG Kaphale who has failed at every Juncture appears to be in cohorts with biased Judges Healey Potani, Mike Tembo, Dingiswayo Madise, Ivy Kamanga and Redson Kapindu.
Everyone knows that from the Attorney General’s Chambers Kaphale wields some constitutional powers that he has failed to take advantage of. It was shocking for many during the injunction proceedings to hear the voices of the same biased Judges who made the same rambling and sometimes unnecessarily rude judgement on the bench.
AG Kaphale should have used his power to demand that New Judges had to hear his application for the Injunction. Who would have expected Potani to rule differently? Apparently only a compromised AG would think he had a fair shot with Judges who ruled regurgitating all the stupid and wrong arguments raised by the petitioners.
Very early in the Proceedings AG Kaphale was overheard assuring Saulos Chilima that he was doing well. On hindsight this now appears to have not been so innocent.
Another incident happened when he was making an argument to the 5 ConCourt biased judges. He gave the blueprint of this Judgement telling them that If MEC was at fault they would still Manage the rerun and President Mutharika would continue to be President. When he made that argument, it sounded reasonable then but now it does not look that naive.
The Case before the ConCourt was easy to defend but he simply caught himself in the weeds. What was Suleman doing wasting five days but sow doubt and give Potani and his Cohorts cover. The winner could have been declared without the computer. This was not an electronic poll, the votes were made on a piece of Paper and Tallied manually by the poll workers.
Every International observer agreed that the poll was fair and Mutharika was the winner. AG Kaphale did not allow this evidence into court.
Petitioners only cried foul when Chakwera started losing. When MEC allowed tippexed Tally sheets all stakeholders were onboard until the strong holds of DPP counts started coming in. Tippex did not affect votes period. Kaphale allowed the five judges to allow confusion into the proceedings. Now people believe commissioners delegated too much because AG Kaphale allowed such evidence in court.
If Kaphale is not compromised, then he is incompetent. The Injunction ruling should be appealed so that that un-biased Judges rehear the arguments.
GI Jane Ansah firing on all Cylinders made a better Summary of this simple case.
Make no Mistake Justice Jane Mayemu Ansah, S.C. might be addressing PAC but every word she says today is directed at justices Healey Potani, Mike Tembo, Dingiswayo Madise, Ivy Kamanga and Redson Kapindu.
“Electoral laws were not breached because of the use of the correctional fluid. Rather the electoral laws were upheld because corrections were made after detecting human errors at poling centers”.
Electoral Commission Chairperson Justice Jane Ansah SC has told the Public Appointments Committee of Parliament that all decisions made during and after the elections were made by the entire Commission and that there was no single moment that she made a personal decision regarding the management of the May 21 2019 tripartite elections.
Kaphale is compromised Period, Full stop